Compensation process of industrial injury insurance

(1) You Dan should report the work-related injury to the Labor Bureau within 30 days after the accident, and apply for labor ability appraisal after obtaining the work-related injury certificate, and then the work-related injury insurance institution will make compensation.

(2) If the unit fails to declare within 30 days, the injured employee shall apply to the local labor bureau for work-related injury identification within one year after the accident, apply for labor ability appraisal after obtaining the work-related injury identification, and apply for compensation to the work-related injury insurance institution according to the disability level after the appraisal result.

2. If the unit fails to pay work-related injury insurance for employees, the unit shall make compensation according to the standards stipulated in the Regulations on Work-related Injury Insurance, and the procedures for applying for work-related injury identification and labor ability appraisal are the same as above.

3. Regarding the application for ascertainment of work-related injuries and the claim for compensation for work-related injuries: if negotiation fails, it can be applied for labor arbitration.

Legal basis:

"Regulations on Work-related Injury Insurance" Article 35 If an employee is identified as a first-class or fourth-class disability due to work-related disability, he/she shall retain his/her labor relations, quit his/her post and enjoy the following benefits:

(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The standard is: 24 months' salary for first-class disability, 22 months' salary for second-class disability, 20 months' salary for third-class disability and 0/8 months' salary for fourth-class disability;

(2) Pay the disability allowance from the industrial injury insurance fund on a monthly basis. The standard is: 90% of my salary for first-degree disability, 85% for second-degree disability, 80% for third-degree disability and 75% for fourth-degree disability. If the actual amount of disability allowance is lower than the local minimum wage standard, the industrial injury insurance fund will make up the difference;

(3) Employees who have reached retirement age and gone through retirement formalities shall stop paying disability allowance and enjoy basic old-age insurance benefits. If the basic old-age insurance benefits are lower than the disability allowance, the industrial injury insurance fund will make up the difference.

(four) if the employee is disabled at work and is identified as one to four levels of disability, the employer and the employee shall pay the basic medical insurance premium on the basis of disability allowance.